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what is an eb 3 visa

by Mr. Sofia Turner IV Published 2 years ago Updated 1 year ago
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Are you eligible for an Eb3 visa?

You may be eligible for an EB3 visa if you a skilled workers, unskilled worker, or professional. Approximately 40,000 EB3 visas are available each year. The EB3 visa is a third preference employment visa. Thus, the requirements are less strict than EB1 and EB2 green card visas.

How to sponsor a foreign worker for an Eb3 visa?

On the other hand, the U.S employer must also prove the following to qualify for sponsoring a foreign worker for an EB3 visa: That the employer could not find an available, qualified, or willing U.S worker for the job position. That the employer is financially stable to pay the foreign worker and can afford to sponsor the worker.

How long does it take to get an Eb3 visa?

The EB3 total processing time depends on a variety of factors. These factors include which USCIS Center you use, what country you are from, and your individual application. This time period can be as short as around a year, but it can also take up to several years. In particular, nationals of India and China should expect longer wait times.

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What is US EB3 visa?

With an EB3 visa, the foreign workers can go to the US, live there permanently and work without having to obtain an Employment Authorization Document (EAD). After a few years at the same job, they can also switch employers and job positions. They get the Green Card and are required to pay all taxes applicable to them.

How many years does it take to get a green card in EB-3?

This whole process takes about 9 months. If you are lawfully present in the United States in a valid non-immigrant status, you may be eligible to do apply for an adjustment of status.

Who is eligible for EB-3?

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker. “Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature.

How much does an EB3 visa cost?

EB-3 visas cost $345 and take about six (6) months to get. EB-3 visa holders get automatic legal permanent residence (green card) and may eventually be able to naturalize.

How long is EB3 visa valid?

10 yearsWhen issued, your EB-3 will be valid for 10 years. Keep in mind that this is not like renewing a nonimmigrant visa, where you need to submit a new petition and essentially re-qualify for the visa.

Can I bring my family with EB3 visa?

Just like every other employment-based green card, if your EB-3 visa is approved, your immediate relatives (spouse and unmarried children under the age of 21) can join you in the U.S. If your EB-3 visa was approved under the skilled and professional category, your spouse can apply for the E34 visa, and your children ...

Is EB-3 visa a green card?

The EB-3 visa is a third preference employment-based green card for skilled, professional, or other workers. EB-3 visa requirements are somewhat less stringent than the EB-1 and EB-2; As a result, the wait often takes more time.

Can I stay in US while waiting for EB-3?

Any immigrant who entered the U.S. on some sort of temporary visa and then submitted a green card application (for U.S. lawful permanent or conditional residence) is allowed to remain in the United States while the application is "pending." In other words, they can wait until their application has been decided upon by ...

Is it hard to get a EB-3 visa?

The requirements are less strict than those for many other permanent resident visas. The EB3 visa has less strict requirements than either the EB1 or the EB2 visas. This means that some people who may not qualify for these other visas may be eligible for the EB3 visa.

Can EB3 apply for citizenship?

EB3 Green Card Notes U.S. permanent residents planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S. U.S. permanent residents may apply for Citizenship if they have been a permanent resident for at least 5 years.

Which one is better EB2 or EB3?

Both are employment-based visas. However, the EB2 visa is the second-preference employment visa and the EB3 visa is the third-preference employment visa. This means that EB2 visas are slightly preferred over EB3 visas. EB2 visas make up 28.7% of approved employment-based visas.

How much does employment green card cost?

Application and costs for EB-1 Extraordinary AbilityEB-1 Green Card: Extraordinary AbilityLabor CertificationNoCosts$700I-140, Immigrant Petition for Alien Workers$1,140I-485, Application to Register Permanent Residence or Adjust Status5 more rows

How much does the I-140 cost?

$700What Is the Filing Fee? The filing fee for Form I-140 is $700. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition.

How much does an EB2 green card cost?

See this chart to see how much your EB2 green card cost will be. On the whole, this cost ranges from $750-$1,140. DS-260 filing fee: $230. This is only necessary if you are currently outside the U.S. You will also need to pay the $88 Affidavit of Support fee.

What is EB-3 Visa?

The EB-3 visa means it is the third preference employment-based (EB) green card. As with other green cards, it gives the holder indefinite / permanent residency to live and work in the United States.

What is E35 for children?

Minor children (who must be under 21 and unmarried) are typically admitted via E35 (“skilled”) or EW5 (“other” worker) While the process of applying for permanent residency is ongoing, the spouse may apply for an Employment Authorization Document (EAD), which lets them work freely in the country.

Can I downgrade from an EB-2 to an EB-3?

Individuals who have an approved form I-140 may also be able to downgrade from an EB-2 to an EB-3.

Is there a waiting list for an EB3 visa?

So, there are higher chances to qualify for an EB3 visa. However there is often a waiting list for approval.

Step 1: Permanent Labor Certification (12 months)

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.

Step 3: Consular Processing or Adjustment of Status (6 months)

As soon as the I-140 petition is approved by USCIS the foreign national will receive an email from the National Visa Center with instructions on what documentation to bring to the interview at the U.S. Embassy.

Green Card (EB-3 Visa) for Unskilled and Low Skilled Workers

If you are an applicant and would like to hear more about available EB-3 jobs and sponsorship, or if you are an employer and would like to see how the EB-3 program can provide predictable and reliable staffing solutions, then please complete the form below. We will respond within 24 hours.

What is an EB3 visa?

The EB3 visa gives qualified individuals permanent resident status in the United States. There are many benefits to being a permanent resident. Some of these include having the ability to change employers and to travel more freely.

How many EB3 visas are there?

You may be eligible for an EB3 visa if you a skilled workers, unskilled worker, or professional. Approximately 40,000 EB3 visas are available each year.

What is an I-140 form?

Form I-140 is the Immigrant Petition for Alien Workers. This form serves as your petition for your EB3 visa. USCIS will use the information provided in this form to determine if you meet the conditions for an EB3 visa. The form contains information about the petitioner, the beneficiary, and the job. For more information about Form I-140, click here.

What happens if my EB3 is not approved?

USCIS will make a decision on the petition. If your petition is not approved, the beneficiary will not receive an EB3 visa. If the petition is approved, a notice will be sent to the National Visa Center (NVC) if the beneficiary is abroad and not applying for an adjustment of status.

What information is included in an EB3 petition?

The employer should also include financial information to demonstrate their ability to pay the beneficiary.

How long is an EB3 visa valid?

You can submit an EB3 visa application at any time. The EB3 visa, like most green cards, is valid for 10 years. You can renew the visa if needed at that point.

What is the first step in the EB3 visa process?

Labor Certification. The first step in the EB3 visa application process is done by the US employer. The US employer must get a labor certification from the Department of Labor after applying for a prevailing wage determination. The Labor Certification is done to prove there are no US workers for the job.

What are the requirements for an EB-3?

For each, eligibility requirements include: a labor certification. a permanent, full-time job offer. ability to demonstrate that the applicant will be performing work for which qualified workers are not available in the United States.

How to apply for an alien worker visa?

The labor certification will accompany the actual application, the Petition for Alien Worker ( Form I-140 ), which will confirm the applicant's [States under E34, E35, EW4 or EW5 visas. During the lengthy application process, many persons in the EB-3 category acquire additional experience or education, and are eligible apply for an "upgrade" to EB-2.

Do you need a sponsoring employer for an EB-3?

The EB-3 requirements are less stringent, but the backlog may be longer. Unlike persons with extraordinary abilities in the EB-1 category, EB-3 applicants require a sponsoring employer. There is no "self-petition" category.

What is EB3 Visa?

EB3 visa is a Third Priority Worker visa that allows three types of workers to go to the U.S permanently and work there. These groups of workers are:

Who is Eligible for the EB3 visa?

In order to qualify for the EB3 visa, a foreign worker must prove the following:

What are the Benefits of the EB3 Visa?

With an EB3 visa, the foreign workers can go to the U.S, live there permanently and work without having to obtain an Employment Authorization Document (EAD). After a few years at the same job, they can also switch employers and job positions. They get the Green Card and are required to pay all taxes applicable to them. They are also allowed to travel within and outside the U.S, as well as live in a different state in the U.S than the one they first moved to.

How to Apply for the EB3 Visa?

Applications for the EB3 visas have multiple steps which involve both the employer and the foreign employee. The application process for an EB3 visa has two parts:

How Long is the EB3 Green Card Processing Time?

The EB3 Green Card processing time can most times be from a low of 1 to 3 years to very long wait times of 6 or more years. Since the EB3 visa has an annual visa cap, the EB3 processing time can be quite long. If you are within the yearly limit, then your visa may be processed within a few months.

How to get approval to hire a foreign employee?

In order to get final approval to hire the foreign employee, the U.S employer must petition to the U.S Citizenship and Immigration Services. This is done by filing Form I-140, Immigrant Petition for Alien Worker to the USCIS. USCIS will require the employer to attach supporting financial documents such as statements, audits, tax returns and others to evaluate whether they are able to pay the foreign worker and afford additional employees.

Can an employer sponsor a foreign worker on an EB3 visa?

On the other hand, the U.S employer must also prove the following to quali fy for sponsoring a foreign worker for an EB3 visa: That the employer could not find an available, qualified, or willing U.S worker for the job position. That the employer is financially stable to pay the foreign worker and can afford to sponsor the worker.

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U.S. Department of Labor – Labor Certification

  • Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information on Schedule A, Group I, read our p…
See more on uscis.gov

Application Process

  • Your employer (petitioner) must file a Form I-140, Immigrant Petition for Alien Workers. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. For …
See more on uscis.gov

Family of EB-3 Visa Holders

  • If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). and E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).
See more on uscis.gov

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